Mamata seeks immunity

The Lokayukta Bill puts the chief minister beyond the pale of investigations

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Romita Datta

KolkataAugust 4, 2018

ISSUE DATE: August 13, 2018

UPDATED: August 4, 2018 07:57 IST

Chief Minister Mamata Banerjee (Subir Halder)

The West Bengal Lokayukta Amendment Bill, 2018, as enacted by the state legislature on July 23, spares Chief Minister Mamata Banerjee the scrutiny of the public watchdog. As per a gazette issued by the state government, the amendment "excludes any investigation of any complaint relating to allegation of corruption against the chief minister relating to public order, and any investigation of [a] complaint against a public servant, without approval of the state government".

The original Lokayukta Act, brought in by the Buddhadeb Bhattacharjee-led Left Front government in 2003, had made no such exemption for chief ministers - though there was a safety net for them. Complaints of corruption or abuse of power against the chief minister, other ministers and public functionaries required approval from an 'appropriate authority' - two-thirds of the assembly for chief ministers, and the speaker in case of ministers.

Left leaders are already up in arms. "It (exemption for the chief minister) is discriminatory and provides an escape route for the corrupt," says the Left legislature party leader, Sujan Chakrabarty.

Speaking during the debate in the state assembly, Mamata reasoned that she was exempt only in matters of "public order", which was a limited area. "Other subjects under the state list are under the purview of the Lokayukta," she said. Responding to the opposition's disapproval, the chief minister said: "If you really feel this is a weak bill... then when you form the government, you amend it according to your own needs."

But even beyond what constitutes 'public order', as the law now stands, the Lokayukta will need the approval of two-thirds of the assembly to proceed on allegations of corruption.

The opposition was livid. "The chief minister boasts of being satatar pratik (symbol of honesty), so what prompted her to seek the shield of exemption through amendments?" asked state BJP president Dilip Ghosh.

Mamata, however, pointed out that the amended legislation has been prepared in accordance with the Lokpal and Lokayuktas Act, 2013, passed by the Centre, which similarly excludes prime ministers from scrutiny. The Trinamool Congress's health minister, Chandrima Bhattacharya, justified the exempting of CMs citing this clause.

While Congress leader Abdul Mannan sought to justify former prime minister Manmohan Singh's reasons for excluding prime ministers, Kolkata is rife with speculation on whether this is a move to shelter Mamata from being implicated in financial scams like Saradha and Narada as some of her ministers have been.

The CM, meanwhile, insisted that "only the people have the right to question my credibility". There was no Lokayukta in Rajiv Gandhi's time, but that did not spare him from the Bofors probe, she said, in an evident jibe against the Congress's first family.

In the end, despite all the ruckus, the amendments were voted in with an overwhelming majority. But many are already seeing this as a sign of "weakness". Does Mamata Banerjee fear a crack in the party's foundation?

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